Wrigley files trademark complaint over e-cigarette liquid
Chewing gum company Wrigley has filed a trademark and trade dress complaint against a company that sells liquid for e-cigarettes.
In a lawsuit filed on Thursday, July 13 at the US District Court for the Northern District of Illinois, Eastern Division, Wrigley claimed that Chi-Town Vapers had infringed its IP covering the Doublemint and Juicy Fruit brands of gum.
Wrigley contacted the Illinois-based company in July 2014 to demand it stop selling products infringing the brands, and while the defendant did not respond, it removed the infringing images from its website.
More than a year later, Chi-Town Vapers allegedly resumed selling e-liquid using the name Double Mint (two words rather than one) and Dbl Mint, and began “copying the look and feel of Wrigley’s Doublemint trade dress”.
The trade dress for Doublemint comprises a green box and double arrow design.
Despite Wrigley making contact again, the defendant still offers Dbl Mint products on its website, the complaint said.
It added that in January this year, Chi-Town Vapers again started selling products that infringe the Juicy Fruit brand, this time by using the words Joosy Fruit and infringing the brand’s trade dress—a yellow box and double arrow design.
Wrigley owns numerous trademark and trade dress registrations for Doublemint and Juicy Fruit, expending “millions of dollars and significant effort” to advertise and promote its products.
The company’s complaint contains allegations of trademark infringement, trademark dilution, unfair competition, and deceptive trade practices.
Wrigley has asked the court to issue a preliminary and permanent injunction to prevent further infringement, and has made other requests including that the defendant immediately recalls all products that infringe the trademarks.
The company also wants Chi-Town Vapers to account for all profits that have been wrongfully derived and to pay to Wrigley further damages, costs and profits.
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